about eu trademark

In order to obtain EU trademark registration for the entire European Union the most convenient way is to file a European Union Trademark (EUTM) application. It covers all the 27 Member States of the European Union. The timeframe for registering a European Union trademark is approximately 4-5 months provided there is no opposition.

You should carefully choose and pick items that best describe your goods and services. Do not choose unnecessary goods as you are required to use the trademark for those goods as well. The grace period is 5 years after registration. The EUIPO requires precision and clarity in this regard, you should avoid unclear or too broad expressions.

The EUTM is valid in every member state of the European Union (from 1 January 2021, EUTMs will no longer protect trademarks in the United Kingdom). Therefore only one similar trademark in one single member state is enough for your application to be rejected or cancelled. If you file a EUTM application, a valid objection for even one country means that the entire application is rejected. It is however possible to convert into national applications (keeping the EUTM application date) for those countries where the mark is not objectionable.

EU TRADEMARK application procedure

Filing an application to the European Union Intellectual Property Office (EUIPO)
After filing the EUIPO checks if your trademark application contains the mandatory and basic information required: a request for application, a correctly identified owner, a clear representation of the mark, and a list of goods and services. A filing fee has to be paid within 1 month following the filing date of the application.

Search for earlier rights
The EUIPO performs a search for previous rights, prepares a search report, and sends the report to the applicant.

Owners of previously registered trademarks or trademark applications quoted in the report are informed — by letter — about your trademark application. This is called a ‘surveillance letter’. The results of both search reports and surveillance letters are for information only, only upon the opposition of the owners of these earlier rights can the registration be refused.

Substantive Examination
During the substantive examination, your trademark is analyzed to see whether it is distinctive but not descriptive. A trademark application shall be rejected by the EUIPO in whole or in part if it does not meet the examined requirements.

Publication
After the search report is sent to the applicant, the EUIPO will publish your trademark application in 23 EU official languages.

Opposition
Within a period of three months of the date of the publication, an opposition may be submitted. A notice of opposition are usually based on the following two motives:
1, the third party has an earlier right (or more than one) and believes that yours will, if registered, conflict with it OR
2, the third party considers that your trademark should not be accepted.

You can file an opposition by filling out a form and paying an official fee.

One in five applications for EU trademarks are opposed by the owners of trademarks that are already on the market. The EUIPO decides on these disputes after both parties, the applicant and the opponent, have submitted evidence and arguments. The applicant can minimize the risk of opposition by searching for potential conflicts before they apply.

Amendments
A trademark application may not be amended in respect of the sign, as well as the list of goods or services in such a way that it extends beyond that contained in the application on the date of filing.

The applicant may file a new trademark application – not later than six months prior to the application in question claiming protection for a broader specification of goods and services than it has been covered by the original application.

EU trademark registration
If the trademark application – and the sign to which it relates – meets all the requirements, the subject matter of the application will be registered as a trademark. After registration, the EUIPO issues a trademark certificate. (No paper copy of the certificate of registration will be issued.)

If your application is refused, it is still possible to convert (IP bridge) your EU trademark application into national registrations, provided no conflict exists.

Are you a professional, who does not need our help before filing?

Use our site Trademark.eu and file a eu trademark with our representation.